#THE DESTRUCTION OF RECORDS ACT, 1917 

(Modified as on 3rd December, 2018) 
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ARRANGEMENT OF SECTIONS 
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SECTIONS 
1. Short title. Extent. 
2. [Repealed.]. 
3. Power to certain authorities to make rules for disposal of documents. 
4. Validation of former rules for disposal of documents. 
5. Saving of certain documents. 
6. [Repealed.]. 
THE SCHEDULE [REPEALED.] . 


 
#THE DESTRUCTION OF RECORDS ACT, 1917 

##ACT NO. 5 OF 1917

[28th February, 1917.] 

An  Act  to  consolidate  and  amend  the  law  providing  for  the  destruction  or  other 
  disposal  of  certain  documents  in  the  possession  or  custody  of  Courts  and 
  Revenue and other public officers. 

WHEREAS  it  is  expedient  to  consolidate  and  amend  the  law  providing  for  the  destruction 
or  other  disposal  of  certain  documents  in  the  possessio n  or  custody  of  Courts  and  Revenue 
and other public officers; It is hereby enac ted as follows:— 

1. **Short title. Extent.**—This Act may be called the Destruction of Records Act, 1917. 

2[It  extends  to  the  whole  of  India  except  3[the  territories  which,  immediately  before  the 
1st November, 1956, were comprised in Part B States].] 

###STATE AMENDMENT 

**Karnataka**

**Amendment of section1 of Central Act V of 1917**.—In  section  1  of  the  principal  Act, 
after the expression “except the territories Which immediately before the 1st November 1956 
were  comprised  in  Part  ‘B’  States”,  the  expression  “other  than  the  territories  specified  in 
clause  (a)  and  clause  (c)  of  sub-section  (1)  of  section  7  of  the  States  Reorganisation  Act, 
1956 (Central Act 37 of 1956)” shall be added. 

*[Vide* Karnataka Act 3 of 1963, s. 3]. 

2. *[Definitions.] Rep. by the A.O.* 1937. 

3. **Power to certain authorities to make rules for disposal of documents.**—(1)  The 
authorities  hereinafter  specified  may,  from  time  to  time,  make  rules  for  the  disposal,  by 
destruction or otherwise, of such documents as ar e, in the opinion of the authority making the 
rules, not of sufficient public value to justify their preservation . 

(2) The authorities shall be— 

  (a) in  the  case  of  documents  in  the  possession  or  custody  of  a  High  Court  or  of  the 
Courts of civil or criminal jurisdiction subordinate thereto, —the High Court; 

  (b) in  the  case  of  documents  in  the  possession  or  custody  of  Revenue  Courts  and 
officers,—the Chief Controlling Revenue-authority5; and 

  (c) in the case of documents in the possession or custody of any other public 
officer, — 

     (i) if  the  documents  relate  to  purposes  of  a  State,  the  State  Government  or  any 
officer specially authorized in that behalf by that Government; 

     (ii) in any other case, the Central Government or an officer specially authorized in that behalf 
by that Government.

(3) Rules  made  under  this  section  by  any  High  Court  or  by  a  Chief  Controlling 
Revenue-authority  or  by  an  officer  specially  authorized  in  that  behalf  by  any  State 
Government  shall  be  subject  to  the  previous  approval  of  the  State  Government;  and  rules 
made  by  an  officer  specially  authorized  in  that  behalf  by  the  Central  Government  shall  be 
subject to the previous approval of the Central Government.

4. **Validation of former rules for disposal of documents.** —All  rules  and  orders 
directing  or  authorising  the  destruction  or  other  disposal  of  documents  in  the  possession  or 
custody  of  any  public  officer,  heretofore  made  by  a  State  Government,  or  with  the  approval 
of  the  State  Government  by  any  authority  not  empowered  to  make  such  rules  under  the 
Destruction  of  Records  Act,  1879  (3  of  1879),  shall  be  deemed  to  have  had  the  force  of  law 
from  the  date  on  which  they  were  made,  and  all  such  rules  and  orders  now  in  force  shall 
continue to have the force of law until they are superseded by rules made under this Act. 

5. **Saving of certain documents.**—Nothing  in  this  Act  shall  be  deemed  to  authorise  the 
destruction of any document which, under the provisions of any law for the time being in force, 
is to be kept and maintained. 

6. *[Repeals.] Rep. by the Repealing Act, 1927 (12 of 1927), s. 2 and Schedule.* 

THE SCHEDULE. — *[Repeal of Enactments.] Rep. by s. 2 and Sch.*, ibid.